CB430120RO
                                  STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433


          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE   ADMINISTRATIVE REVIEW
          APPEAL OF                             DOCKET NO.: CB430120RO
                                                  
                                                RENT ADMINISTRATOR'S
                  McDONALD EQUITIES             DOCKET NO.: AK430071B

                                                
                                                         
                                 PETITIONER  
          ----------------------------------x                      
                                                                       


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW     
                          

               On February 12, 1988, the above-named petitioner-owner filed 
          a petition for administrative review (PAR) of an order issued on 
          January 8, 1988, by the Rent Administrator, concerning the housing 
          accommodation known as 204 West 81 Street, New York, NY. wherein 
          the Administrator determined that there had been a decrease in 
          building-wide services, directed the owner to restore services, and 
          ordered a reduction of the tenants legal rents.

               The tenants commenced the proceedings on  November 20, 1986 by 
          filing a complaint of various decreased building-wide services.  
          Among other things, the tenants complained that there was no on- 
          premises superintendent or one in the immediate location; that 
          there was no sign posted indicating his name, address and phone 
          number; that the halls had not been painted in several years, that 
          the public areas and the basement were filthy, and that the 
          entrance and basement doors and locks were defective.

               The owner responded on January 13, 1987 disputing the tenants' 
          allegations of reduced services.  The owner stated, among other 
          things, that he lived on the premises and could be reached there in 
          the evening, and by beeper or through the managing agent during the 
          day; that public halls were cleaned adequately twice a week; that 
          the halls were in the process of being restored, plastered and 
          painted; and that the front door lock was in good condition.  The 
          tenants' filed a response disputing the owner's claim of adequate 
          services.















          CB430120RO



               An inspection conducted February 11, 1987 found that the 
          public hallway required painting; that the intercom was defective; 
          that the public areas and basement were not clean; that the hallway 
          entrance door was warped and did not close properly; and that the 
          basement door locking device was defective.

               A second inspection on October 21, 1987 found that there was 
          still no on-premises resident superintendent; no sign posting the 
          superintendent's name if any, the address and phone number and that 
          the hallway was slightly soiled due to the plastering and painting 
          underway in the hallway.  Other conditions cited in the complaint 
          were not substantiated or were found and have been corrected.

               On January 8, 1988, the Administrator issued orders reducing 
          the tenants' rents based on the findings that the public hallways 
          required painting, and that the public areas were dirty combined 
          with the fact that no superintendent information was posted.

               The owner's appeal suggested that since plastering and 
          painting repairs, as well as other renovations were underway, the 
          record did not support a finding of reduced services.  Copies of 
          owner's appeal were served on the tenants on March 17, 1988.  The 
          tenants filed identical answers, stating, in pertinent part, that 
          there was still no superintendent information posted in the hall, 
          and that the painting in the hallways remained unfinished.  In 
          reply to the tenants' claims, the owner acknowledges that the 
          building was, in fact, undergoing substantial renovation of the 
          public areas and in several apartments, but that nevertheless, the 
          building was clean despite the construction.

               The record confirms that painting and plastering were under 
          way at the time of the second inspection, but that work remained 
          incomplete more than ten months after the tenants' complaint was 
          served on the owner.  The owner also failed to explain why 
          information regarding the individual performing  the janitorial 
          services at the subject premises was not posted.  Section 27-2053 
          of the City Housing Maintenance Code requires all owners of 
          multiple dwellings of nine or more units, including resident owner, 
          to post such information.

               Based on the record, the Administrator's order was correct and 
          should be affirmed.














          CB430120RO

               The Commissioner also notes that the tenants' answers to the 
          owner's administrative appeal are not a proper vehicle to dispute 
          and object to the Administrator's determination dismissing the 
          remaining complaints.  In order to do this the tenants would have 
          to have filed a timely PAR.

               THEREFORE, in accordance with the Rent and Eviction 
          Regulations for New York City, the City Rent Control Law, and the 
          Rent Stabilization Law and Code, it is,

               ORDERED, that this petition be, and the same hereby is, 
          denied, and that the Rent Administrator's order be, and the same 
          hereby affirmed.


          ISSUED:                                    






                                                  ___________________        
                                                  Joseph A. D'Agosta         
                                                  Deputy Commissioner        
                                                 

                    






    

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